A BILL
To amend section 2901.13 of the Revised Code to extend the period of limitations for commencing
a rape or sexual battery prosecution against a person who is implicated in the offense by DNA
analysis.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2901.13 of the Revised Code be
amended to read as follows:
Sec. 2901.13. (A)(1) Except as provided in division (A)(2)
or (3) of this section or as otherwise provided in this section,
a prosecution shall be barred unless it is commenced within the
following periods after an offense is committed:
(a) For a felony, six years;
(b) For a misdemeanor other than a minor misdemeanor, two
years;
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution
of a violation of section 2903.01 or 2903.02 of the Revised
Code.
(3) Except as otherwise provided in divisions (B) to (H)
of this section, a prosecution of any of the following offenses
shall be barred unless it is commenced within twenty years after
the offense is committed:
(a) A violation of section 2903.03, 2903.04, 2905.01,
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised
Code, a violation of section 2903.11 or 2903.12 of the Revised
Code if the victim is a peace officer, a violation of section
2903.13 of the Revised Code that is a felony, or a violation of
former section 2907.12 of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or
complicity in committing a violation set forth in division (A)
(3)(a) of this section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, if the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for an offense of which an element is fraud or breach
of a fiduciary duty, within one year after discovery of the
offense either by an aggrieved person, or by the aggrieved
person’s legal representative who is not a party to the offense.
(2) If the period of limitation provided in division (A)
(1) or (3) of this section has expired, prosecution for a
violation of section 2913.49 of the Revised Code shall be
commenced within five years after discovery of the offense
either by an aggrieved person or the aggrieved person’s legal
representative who is not a party to the offense.
(3)(a) In a case in which DNA analysis implicates an
identified person in the commission of a violation of section
2907.02 or 2907.03 of the Revised Code, no statute of
limitations that otherwise would preclude prosecution of the
offense shall preclude prosecution of the offense until a period
of time following the implication of the person by DNA analysi s
has elapsed that is equal to the otherwise applicable limitation
period.
(b) “DNA analysis” has the same meaning as in section
109.573 of the Revised Code.
(C)(1) If the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for the following offenses during the following
specified periods of time:
(a) For an offense involving misconduct in office by a
public servant, at any time while the accused remains a public
servant, or within two years thereafter;
(b) For an offense by a person who is not a public servant
but whose offense is directly related to the misconduct in
office of a public servant, at any time while that public
servant remains a public servant, or within two years
thereafter.
(2) As used in this division:
(a) An “offense is directly related to the misconduct in
office of a public servant” includes, but is not limited to, a
violation of section 101.71, 101.91, 121.61 or 2921.13, division
(F) or (H) of section 102.03, division (A) of section 2921.02,
division (A) or (B) of section 2921.43, or division (F) or (G)
of section 3517.13 of the Revised Code, that is directly related
to an offense involving misconduct in office of a public
servant.
(b) “Public servant” has the same meaning as in section
2921.01 of the Revised Code.
(D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does
not begin to run until such course of conduct or the accused’s
accountability for it terminates, whichever occurs first.
(E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same.
(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.
(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed the accused’s identity
or whereabouts is prima-facie evidence of the accused’s purpose
to avoid prosecution.
(H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process that commenced the prosecution is quashed or the
proceedings on the indictment, information, or process are set
aside or reversed on appeal.
(I) The period of limitation for a violation of any
provision of Title XXIX of the Revised Code that involves a
physical or mental wound, injury, disability, or condition of a
nature that reasonably indicates abuse or neglect of a child
under eighteen years of age or of a mentally retarded,
developmentally disabled, or physically impaired child under
twenty-one years of age shall not begin to run until either of
the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or
county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred has been notified
that abuse or neglect is known, suspected, or believed to have
occurred.
(J) As used in this section, “peace officer” has the same
meaning as in section 2935.01 of the Revised Code.
Section 2. That existing section 2901.13 of the Revised
Code is hereby repealed.